Divorce Essay example

1227 Words 5 Pages
Divorce

Have you ever had to go through the pain of a divorce? My parents divorced when I was 5 and it was really hard for me. According to the Encarta
Encyclopedia, Divorce, or dissolution, as it is increasingly becoming known, a legislatively created, judicially administered process that legally terminates a marriage no longer considered viable by one or both of the spouses and that permits both to remarry. Until the divorce reform movement of the 1970s began to have an impact, the legal doctrines governing divorce could be understood only by reviewing the long history of English divorce law, which was dominated by concepts of canon law. The first main point is the History of divorce. Before 1857 in Great
Britain,
…show more content…
The second main point is Divorce in the U.S. Because of the traditional fault-based view of divorce—that the "innocent and injured" spouse should be able to obtain relief (that is, a divorce) from the spouse who has done some wrong—almost every state divorce law has in the past required the plaintiff to prove one of a number of legislatively recognized grounds. Typical grounds have included adultery (almost universally); desertion; habitual drunkenness; conviction of a felony; impotence (carried over by many state legislatures from annulment law); and, most commonly used by divorcing parties, "cruel and inhuman treatment." Because the state's interest in maintaining stable marriages was assumed, divorce suits could not be treated like other litigation.
One spouse, the plaintiff, had to prove grounds even when both spouses wanted the divorce. Thus, divorce trials were filled with charges and countercharges and generally omitted investigation of the actual viability of the marriage. Moreover, the divorce system required that the plaintiff be without fault; a variety of fault-based defenses were therefore recognized. A plaintiff could be denied a divorce if guilty of (1) condonation—that is, forgiving the defendant of the behavior that provided grounds for divorce;
(2)recrimination—plaintiffs who had themselves given grounds for divorce were not entitled to the help of a court (the

Related Documents

Basic Computer Hardware Notes | [ Zobacz cały opis... ] | Utilitaires